to sue my employer?

[splasheeny]

I had an accident at work, totally due to negligence on my employers behalf. They had failed to repair an obvious hazard.

I had a injury and 6 months later still have ongoing issues. It looks like I may have impaired function permanently.

Normally suing is something I would never consider, as I work in the public sector, and I don't want to sue my employer.

They have treated me truly terribly though.

Wwyd?

[Perfectlypurple]

L

[MrsBri]

Kate, you need to get specialist legal advice ASAP as time limits for bringing employment claims are really restricted.

[Perfectlypurple]

I made a claim against my employer - public service also. All I wanted was an apology and for them to do something so the same thing didn't happen again. It took 4 months for me to decide to sue them. I never got an apology from anyone, the big boss completely ignored the report sent to him and I then found out that the story given to the health and safety guy was completely wrong. A supervisor put all the reports in as I was taken to hospital after the incident so I was unaware that the information given was wrong. That was the final straw for me and I went to my union.

They admitted liability and paid out of court.

[splasheeny]

Bumping in case anyone has any advice.

[splasheeny]

That sounds like a different kind of claim, so not sure how similar the process is but if you have any questions please ask.

[KateSpade]

Thank you very much!

It's not an accident, but disability harassment.

[splasheeny]

Is it a similar situation Kate?

I am happy to tell you more as things progress, feel free to pm me.

[KateSpade]

Watching as so many people have told me to take my employer to court & I know nothing whatsoever about the process!

[splasheeny]

Monty it was a mixture of incompetence and not giving a shit. In the public sector (at least where I work) staff are treated really badly.

I did get the money reimbursed, but had to wait until the next payroll, and never got so much as a sorry. Everyone I spoke to in management (and I had to talk to a lot of them) was pretty rude/unhelpful.

The whole thing is pretty upsetting.

I have contacted the national accident helpline. Can anyone tell me anything about them?

[Purplepoodle]

Take photo of hazard with newspaper to show date that it's still there

[Monty27]

Do you think it was even more incompetence by the payroll department? How did you get it reinstated, and did you get that loss reimbursed?

Get on to the more seniors of the union. This is unacceptable on all levels.

[splasheeny]

Yes I have had a pretty bad time of it. I could write a book with all the ways my employer has treated me badly since this accident.

All I wanted was to be treated well. I was in tears when I opened my payslip and saw they had docked my pay.. it is about the principle more than the money.. but the money was not insignificant (over £1000)

[Monty27]

Get in touch with the union's solicitors. And then lodge a complaint on the union as well. Blimey, surrounded by incompetence.

[splasheeny]

Lilith I have sort of given up on them being any use. I don't know why I still pay for membership.

I have thought of writing myself to my employers, but don't have time.

[Lilithmoon]

spalsheeny if your local branch can't help you try your Unions's regional office.

[splasheeny]

I am in a union and I did contact them but they were quite frankly useless. They said they wouldn't contact my employers as my pay was eventually reimbursed. I did have a lot of other issues too.

How does one raise a grievance?

[twattock]

have you lodged a formal grievance under your employment handbook procedure about the way you have been treated and the failure to repair the defect? if you are in a union you should be able to use their services to help you do it.it would support any claim you bring.

[ladyquinoa]

It might help them pull their finger out and mend the hazard. I hope none else will break anything.

[splasheeny]

I have taken photos.. just in case they would have fixed it.

I am slightly worried about how it would be received, and would really rather not, but at the same time they have just treated me so appallingly.

No one from management followed up the accident or checked how I was.

[HungryHorace]

Oh, and definitely sue, by the way.

Make sure you get photos then speak to a solicitor.

(Slightly biased as I work in personal injury claims, for my sins!)

[HungryHorace]

That's not entirely true, TheCraic.

Liability can be admitted and the matter go to Court on quantum only.

If a solicitor thinks there's a good case there's no way on earth they'll give up before a Court hearing even if liability is denied. The costs are more if it goes to a hearing too, so you'd be mad not to go to Court if you have a good case.

As long as there's prospects of success it should be pursued.

[TheCraicDealer]

It only ever really goes to court if the property owner's / employers' Insurers decide to deny liability (i.e., they think they can defend the claim being made). Or if there's no cover in place the property owner might decide to "fight it" and engage their own legal representative. But the vast majority of claims are settled by someone in an Insurance company saying, "hmm, how about 5k plus costs?" to the Claimant's solicitors.

A lot of the time when liability is denied the Claimant's solicitors realise they're on to a loser and draw a line under it anyway.

[addictedtosugar]

Are the reports of people recording potentially dangerous situations available anywhere? I could pull things like that off the computer. If they are available saying people have reported this hazzard over the previous monts, that would also be worth printing off.

[ScrabbleBabble]

Yanbu

[GhoulWithADragonTattoo]

Do you have legal cover on your home or car insurance? Their solicitor may be able to advise. Or get in touch with your union if you have one.